Statute Details
- Title: Resource Sustainability (Exemptions from Part 5) Order 2024
- Act Code: RSA2019-S195-2024
- Type: Subsidiary Legislation (SL)
- Authorising Act: Resource Sustainability Act 2019
- Enacting Authority: Minister for Sustainability and the Environment
- Enacting Formula / Power: Made in exercise of powers conferred by section 50 of the Resource Sustainability Act 2019
- Commencement: 8 March 2024
- Legislation Number: SL 195/2024
- Status / Version: Current version as at 27 March 2026 (timeline indicates original making on 8 March 2024)
- Key Provisions: Section 2 (exemption for occupiers/building managers of mixed-use buildings); Section 3 (exemption for certain food waste)
What Is This Legislation About?
The Resource Sustainability (Exemptions from Part 5) Order 2024 is a Singapore subsidiary legislation made under the Resource Sustainability Act 2019 (“RSA”). In plain terms, it creates specific exemptions from the obligations imposed by Part 5 of the RSA for certain persons and, in particular, for certain categories of food waste.
Part 5 of the RSA (not reproduced in the extract provided) is the operative part that typically governs how regulated entities must manage, separate, or handle prescribed waste streams. This Order does not repeal Part 5; rather, it carves out limited circumstances where the law does not apply, or does not apply in relation to particular waste types.
The Order is therefore best understood as a targeted compliance relief instrument. It recognises that some occupiers and building managers may have operational realities that make full Part 5 compliance unnecessary or disproportionate, and it also acknowledges that certain food waste components (for example, shells, husks, and large bones) may be handled differently due to their physical characteristics and downstream treatment options.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the formal identification and timing of the instrument. The Order is cited as the “Resource Sustainability (Exemptions from Part 5) Order 2024” and comes into operation on 8 March 2024. For practitioners, this matters because it determines when the exemptions became legally effective and can affect compliance audits, enforcement timelines, and contractual representations about regulatory status.
Section 2 (Exemption for occupiers and building managers of mixed‑used buildings) sets out a structural exemption based on building use and the role of the person. It states that the following persons are each exempt from Part 5 of the RSA:
(a) An occupier of a mixed‑use building, where the occupier occupies a part of the building that:
- is not used as a shopping mall;
- is not used as a hotel; and
- is not used for any industrial purpose.
This is a nuanced exemption. It does not exempt “all occupiers” in mixed-use buildings; it exempts only those occupiers whose occupied part falls outside the specified building uses. The legal significance is that the exemption turns on how the relevant premises are used, not merely on the building’s overall classification as “mixed‑use”.
(b) The building manager of a mixed‑use building, but only “in relation to any food waste generated by an occupier mentioned in sub‑paragraph (a)”.
Accordingly, the building manager’s exemption is linked to the occupier exemption. If an occupier qualifies under Section 2(a), then the building manager is exempt from Part 5 in relation to that occupier’s food waste. This creates a compliance mapping exercise: building managers must be able to identify which waste streams are attributable to exempt occupiers.
Section 3 (Exemption for occupiers and building managers for certain food waste) introduces a second, waste-type-based exemption. Under Section 3(1), an occupier of a prescribed building (or any part of a prescribed building) and a building manager of a prescribed building are each exempt from Part 5 of the RSA in relation to any specified food waste.
The key is that the exemption is not limited to mixed-use buildings; it applies to occupiers and building managers of prescribed buildings. The extract does not define “prescribed building”, but it is likely defined in the RSA framework or in related subsidiary instruments. Practitioners should therefore treat “prescribed building” as a threshold category that must be confirmed from the RSA’s regulatory scheme.
Section 3(2) defines “specified food waste” as including three categories:
(a) Hard shell waste: “any clam shell, conch shell, mussel shell, oyster shell, crab shell, lobster shell, snail shell or other similar hard shell;”
(b) Husks and fibrous parts: “any durian husk, jackfruit husk, coconut husk, pineapple husk, sugarcane bagasse or other similar hard or fibrous part of any fruit or vegetable;”
(c) Large bones: “any beef femur, pork knuckle, pork trotter, lamb shank, animal skull or other similar large bone.”
From a legal and compliance perspective, the phrase “or other similar” is important. It suggests the exemption is not limited to the enumerated items, but extends to functionally similar waste types. This raises interpretive questions that may matter in enforcement or disputes: what makes a waste “similar” (size, composition, typical handling, or physical form)? While the Order does not provide further criteria, the listed examples indicate a focus on non-liquid, solid, bulky, or structurally hard food waste components.
How Is This Legislation Structured?
The Order is structured in a straightforward, three-section format:
- Section 1 sets out the citation and commencement date.
- Section 2 creates exemptions for occupiers and building managers of mixed‑use buildings, based on the use of the occupied part and the attribution of food waste.
- Section 3 creates exemptions for occupiers and building managers of prescribed buildings, based on the type of food waste (“specified food waste”).
Notably, the Order is not drafted as a comprehensive code. It functions as an amending/exempting instrument that operates by reference to Part 5 of the RSA. Practitioners should therefore read it together with the RSA’s Part 5 obligations and any definitions or subsidiary instruments that specify “prescribed building” and the scope of Part 5.
Who Does This Legislation Apply To?
Section 2 applies to two categories of persons in relation to mixed-use buildings: (i) occupiers and (ii) the building manager. The occupier exemption is conditional on the occupier occupying a part of the building that is not used as a shopping mall, not used as a hotel, and not used for any industrial purpose. The building manager exemption is narrower: it applies only “in relation to” food waste generated by occupiers who meet the Section 2(a) conditions.
Section 3 applies to occupiers and building managers of prescribed buildings (or parts of prescribed buildings). It exempts them from Part 5 in relation to specified food waste, which is defined by reference to particular physical categories of food waste (hard shells, husks/fibrous parts, and large bones).
In practice, this means the Order is relevant to parties who manage or generate food waste within regulated premises. It is also relevant to compliance officers, building management companies, and waste contractors who need to understand which waste streams are exempt and how to document that exemption.
Why Is This Legislation Important?
This Order is important because it provides targeted legal relief from Part 5 obligations. For regulated entities, exemptions can materially affect operational compliance, reporting duties, and the allocation of costs for waste handling. For example, if certain food waste types are exempt, entities may be able to treat those streams differently—subject always to the broader RSA framework and any other applicable environmental or waste regulations.
From a risk management standpoint, the Order also clarifies that exemptions are not blanket. Section 2 depends on the use of the specific occupied part within a mixed-use building, and Section 3 depends on whether the waste falls within the defined categories of “specified food waste”. This means that compliance teams must implement evidence-based classification—for instance, by maintaining records of premises use, tenancy/occupancy descriptions, and waste stream segregation practices.
Enforcement and contractual implications follow. Building managers may need to coordinate with occupiers to determine whether an occupier qualifies for the Section 2 exemption and to ensure that waste handling arrangements reflect the legal position. Similarly, occupiers should consider how they describe their premises use and how they document the nature of food waste generated, especially where “or other similar” language could be contested.
Related Legislation
- Resource Sustainability Act 2019 (RSA) — in particular Part 5 and the enabling provision section 50
- Resource Sustainability Act 2019 (as referenced in the Order’s enacting formula and citation)
Source Documents
This article provides an overview of the Resource Sustainability (Exemptions from Part 5) Order 2024 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.